Molly Eichel

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Expect the 10th & Walnut location of the Marathon Grill to change names in January, although it will remain an American bistro. The change is related to a legal settlement of a case that Bernard Spain and Murray Spain brought against Marathon and the Borish family in June.

The case, settled last week, involved accusations of significant financial impropriety on the part of Cary Borish, son of Sheryl and Jay Borish, whom the Spains entered into business with 30 years ago.

"We have amicably signed papers to dissolve our connection with the Borish family running the Marathon Grill enterprises," Bernard Spain said yesterday.

"It was more of a family choice than anything else. A second generation is now running it, and we had a relationship with the parents," Spain said.

Borish family attorney Matt White said that the case had been resolved and that both parties were satisfied and had no additional comment.

We're told Barry Gutin and Larry Cohen of Cuba Libre (10 S. 2nd) and their company, GuestCounts Hospitality, willl run the new restaurant, which shouldn't require much down time. The transformation is expected to begin around the first of the year.

Both Gutin and Cohen declined to comment.

According to Bernard Spain, he and his brother Murray had owned one-third of the Marathon Grill ever since they encouraged Sheryl and Jay Borish to move their hamburger spot from the Roosevelt Mall in the Northeast to Center City.

UPDATE: Gutin confirmed this afternoon that his company will run the restaurant, taking over "Early next year," and has enlisted Matt Levin, formerly of Lacroix at the Rittenhouse, and more recently Adsum (5th & Bainbridge) to serve as chef there. Levin has been working with their catering division, Brulee Catering. Gutin says the name and exact concept are still being worked out.